IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.7250 OF 2019 BETWEEN:
WASEEM @ WASEEM PASHA S/O GAFOOR SAB, AGED ABOUT 40 YEARS, R/OF PENSION MOHALLA, CHIKKAMAGALURU, OWNED HOUSE AT AKSA MASJID ROAD, SANTHEMAIDANA, CHIKKAMAGALURU-577101 ... PETITIONER (BY SRI GIRISH B BALADARE, ADVOCATE ) AND STATE BY TOWN POLICE CHIKKAMAGALURU REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 ... RESPONDENT (BY SRI HONNAPPA, HCGP ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.125/2019 OF CHIKAMAGALURU TOWN P.S., CHIKKAMAGALURU FOR THE OFFENCE P/U/S 20(a)(1), 20(B)(ii) OF NDPS ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. It is the allegation against the petitioner that on 26.08.2019 at about 18.30 hours he was found with 1 kg 280 grams of ganja including the ganja leaves which was possessed by him for the purpose of selling the same. The police have seized the said articles from the accused. The accused was produced before the jurisdictional Court and presently he is in judicial custody which shows that he is no more required for further investigation as recovery has already been done.
3. The quantity of 1 kg 280 grams seized is not the commercial quantity, it falls in between the small quantity and commercial quantity. Under the above said circumstances, as there is no previous bad antecedents against the petitioner, the petitioner is entitled to be enlarged on bail under Section 439 Cr.P.C. Hence the following O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.125/2019 of Chikkamagaluru Town Police Station, registered for the offence punishable under Sections 20(a)(1), 20(B)(ii) of NDPS Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE KLY/